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I LIBRARY OF CONGRESS. S 



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| UNITED STATES OF AMERICA, j 



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BYLAWS 



BOARD OF EDUCATION 



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CITY OF ALBANY. 




ALBANY: 
J. MUNSELL, 78 STATE STREET. 

185 8. 



ACTS RELATING TO THE PUBLIC SCHOOLS 
IN THE CITY OF ALBANY. 



« » • » > 



AN ACT 

AMENDATORY OF THE SEVERAL ACTS RELATING TO DISTRICT 
SCHOOLS IN THE CITY OP ALBANY. 

Passed April 14, 1855, three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

§ I. The Board of Commissioners of the District Schools 
of the City of Albany, shall hereafter be known as the Board 
of Education of the City of Albany. 

§ 2. On or before the first day of June next, the Common 
Council of the City of Albany shall elect, by ballot, three 
persons residents of the city of Albany, in place of those 
members of said Board of Education whose terms of office 
shall then expire, who shall hold their offices for three 
years from the first day of June, 1855, and until their suc- 
cessors shall be duly appointed ; and three persons, residents 
as aforesaid, shall thereafter, on or before the first day of 
June in each year, be elected by the said Common Council, 
in like manner, in place of those members of said Board of 
Education whose terms of office shall then expire, who shall 
hold their offices for three years, and until their successors 
shall be duly elected. At such elections, no member of said 



6 ACTS RELATING TO 

Common Council shall vote for more than two persons, and 
the three persons receiving the highest number of votes shall 
be declared elected. In case of any vacancy in said board, 
the Common Council shall fill the same, and the persons so 
appointed shall hold the office only for the residue of the 
term. 

§ 3. Any member of said Board of Education may be re- 
moved for cause, by a vote of two-thirds of all the members 
elected to said Common Council, and any vacancy so made 
shall be filled in the manner already provided. 

§ 4. The said Board of Education shall appoint one of 
their number President, who shall have the powers usually 
incident to such office, and a Secretary, who shall perform 
such duties as the said board may direct, and who shall 
receive therefor such compensation, not exceeding two 
hundred dollars, as the said board shall provide. 

§ 5. The said Board of Education shall possess all the 
powers now conferred on the Board of Commissioners of 
the District Schools of the City of Albany, and shall per- 
form such other duties in regard of education in the city 
of Albany as the said Common Council may, by a vote of 
two-thirds of all the members elected to the said Common 
Council, from time to time direct. 

§ 6. The said Board of Education shall have power and it 
shall be their duty, to make such by-laws and regulations 
as may be necessary for the prosperity, good order and 
sound discipline of said schools, for the security and pre- 
servation of the school-houses and other property belonging 
to said schools, and generally to carry into effect the pro- 
visions of this act, and said by-laws shall take effect when 
approved by the Common Council. 

§ 7. The said Board of Education shall report to the said 
Common Council annually, and oftener if required, the 
general condition of the schools under their charge, and 
shall on or before the first day of November in each year, 
certify to the Common Council, by a vote of two-thirds of 



THE PUBLIC SCHOOLS. 7 

their whole number, the amount of money which will be 
required for the ensuing year for school purposes, exclusive 
of the public money, specifying the several purposes for 
which it will be required and the amount of each item. 
And the Board of Supervisors of the County of Albany shall, 
upon the requisition of the Common Council, passed by a 
vote of two-thirds of all the members elected to said Com- 
mon Council, levy and collect the said sum upon the tax- 
able property of the city of Albany, in the same manner as 
other taxes are levied and collected. 

§ 8. All school moneys whatever, whether received from 
the state or otherwise, shall be deposited with the Chamber- 
lain of said city, who shall keep a separate account thereof, 
and the same shall be drawn only by order of the said Board 
of Education, which shall specify the object to which the 
sum stated in said order is to be applied, and shall be signed 
by the President and Secretary of said board. 

§ 9. All acts relating to the district schools of the city 
of Albany, inconsistent with this act, are hereby repealed. 



AN ACT 

AMENDATORY OF THE SEVERAL ACTS RELATING TO DISTRICT 
SCHOOLS IN THE CITY OF ALBANY. 

Passed April 8, 1844. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Sec 1. The Mayor and Eecorder of the City of Albany, and 
the Eegents of the University residing in said city, shall, 
without delay, appoint nine persons, residents of the city of 
Albany, to be denominated a Board of Commissioners of 
the District Schools of the City of Albany, who shall be di- 
vided by lot into three classes, to be numbered one, two and 
three j the term of office of the first class shall be one year 



8 ACTS RELATING TO 

from the first day of June next ; of the second two, and of 
the third three years from that day ; and three commis- 
sioners shall thereafter annually be appointed by the said 
Mayor and Recorder of the City of Albany, and the RegeDts 
of the University residing in said city, in place of those 
whose terms of office shall expire, who shall hold their 
office for three years, and until their successors be duly ap- 
pointed. In case of a vacancy in the office of either of the 
commissioners, during the period for which he or they shall 
have been respectively appointed, the said Mayor and Re- 
corder of the City of Albany, and the Regents of the Uni- 
versity residing in the said city, shall fill such vacancy ; 
and the person or persons so appointed to fill such vacancy, 
shall hold the office only for the unexpired term so becom- 
ing vacant. 

§ 2. Any member of said Board of Commissioners may be 
removed for cause, from office, by a vote of two-thirds of 
the persons authorized by the preceding section to appoint 
such commissioners, and any vacancy so made shall be filled 
in the manner already provided. 

§ 3. The Board of Commissioners shall have power to ap- 
point one of their number President of said board, who shall 
have the powers usually incident to such office ; and said 
board shall have power, and it shall be their duty, to ap- 
point a Secretary to said board, who shall perform such 
duties as the said board from time to time may direct, and 
who shall receive therefor such compensation, not exceed- 
ing one hundred and fifty dollars annually „ as the said board 
shall provide, out of any moneys remaining unexpended in 
the hands of said board. 

§ 4. The Board of Commissioners shall have power, and 
it shall be their duty, to contract with and employ the 
teachers of the district schools of said city ; to remove any 
teacher upon manifest neglect of duty, or upon violation of 
his or her contract ; to appoint a collector for the said dis- 
trict schools ; to make out rate bills and exempt indigent 



THE PUBLIC SCHOOLS. 9 

children therefrom ; to select and introduce uniform class 
books into said schools ; to supply indigent pupils with said 
class books, by using and appropriating for that purpose a 
portion of the library monej 7 , not exceeding three hundred 
dollars in any one year ; to appropriate and use, for the 
purpose of keeping in repair the several libraries of said 
district schools, for increasing the same, and for purchasing 
maps and apparatus for said schools, a farther portion of 
said library money, not exceeding three hundred dollars 
annually ; to provide for the instruction of the pupils of 
said district schools in vocal music, by appropriating a 
farther portion of said library money, not exceeding four 
hundred dollars annually; to secure, with whatever may 
remain unexpended of said library money, the education of 
such number of indigent pupils from said district schools, 
in either of the academies or in any normal school of said 
city, by paying for their tuition therein, as the Common 
Council of said city may sanction ; but all children so edu- 
cated shall have been members of said district schools for 
at least two years, and neither of such academies shall re- 
ceive from the distribution of the Literature Fund, any sum 
for or on account of such pupils ; and such academies shall, 
in their annual report to the Regents of the University, 
state the number of such pupils taught therein; and no 
portion of such unexpended money shall be so appropriated 
until the ordinary expenses of said district schools for libra- 
ries and tuition are first satisfied ; to visit the district 
schools as often as once a quarter ; to hold a meeting of the 
board once a month, and at the quarterly meetings of said 
board to require the presence and reports of the several prin- 
cipal teachers of said schools ; to make a semi-annual report 
of all the acts of said board to the Common Council, and to 
make and publish an annual report in two of the daily 
papers of said city ; and generally to possess the powers, dis- 
charge the duties and be subject to all of the obligations 
of the several trustees and other school officers of the said city 
2 



10 ACTS RELATING TO 

of Albany, as granted and imposed by the several acts now 
in force in relation to said district schools of said city. 

§ 5. The Board of Commissioners shall have power, and it 
shall be their duty, to make such by-laws and regulations as 
may be necessary for the prosperity, good order and sound 
discipline of said district schools ; for the security and pre- 
servation of the school-houses and other property belonging 
to said districts ; and generally to carry into effect the pro- 
visions of the several school acts of said city ; and when 
said by-laws and regulations are sanctioned by the persons 
authorized by this act to appoint said commissioners, they 
shall take effect, and not before. 

§ 6. All school moneys whatsoever, belonging to said dis- 
trict schools, whether received from the state, raised by tax, 
or collected on school rates, shall be deposited with the 
Chamberlain of said city, until drawn, from time to time, by 
duly certified orders of said Board of Commissioners ; and 
said orders shall set forth the object of each payment, and 
be signed by the officers of said board ; Provided, always, 
that nothing in this act shall be so construed as to author- 
ize said board to incur any obligation that shall increase 
the taxes of said city. 

§ 7. Section eleven of chapter two hundred and forty of 
laws of eighteen hundred and thirty, is hereby repealed, and 
all provisions of acts, so far as the same relate to the district 
schools of the said city of Albany, inconsistent with this 
act. 

§ 8. The offices of commissioner, inspector and trustee, 
under the acts relating to the district schools of said city of 
Albany, are hereby abolished. 



THE PUBLIC SCHOOLS. 11 



AN ACT 

TO AMEND AN ACT RELATING TO THE DISTRICT SCHOOLS OF THE 
CITY OF ALBANY. Passed April 8, 1844. 

Passed May 13, 1845. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

§ 1. The Board of Commissioners of the Albany District 
Schools are hereby authorized to apply any money not ex- 
pended under the fourth section of the act entitled " An act 
amendatory to the several acts relating to district schools 
in the city of Albany," passed April 8, 1844, either to the 
payment of teachers' wages, or to the contingent expenses 
of the district schools of the said city. 



AN ACT 

TO AUTHORIZE THE CITY OF ALBANY TO RAISE MONEY BY TAX 
TO BUILD A DISTRICT SCHOOL-HOUSE. 

Passed April 12, 1848, "three-fifths being present." 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

§ 1. It shall be lawful for the Common Council of the 
City of Albany to cause to be raised by tax in one or two 
years, such sum as they shall deem necessary for the pur- 
pose of purchasing a lot on Arbor Hill in the eighth ward, 
and erecting thereon a district school-house, which sum 
shall not exceed in the aggregate five thousand dollars, and 
the Board of Supervisors of the County of Albany, on being 
served, from time to time, with the amount required to be 
raised in each year for the purposes specified in this act, 
shall cause the same to be assessed, levied and collected, in 
the manner now provided by law, on the taxable property 
in the city of Albany, east of Perry street. 



12 ACTS RELATING TO 



AN ACT 

TO ESTABLISH FREE SCHOOLS THROUGHOUT THE STATE. 
Passed April 12, 185], "three-fifths being present." 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

§ 1. Common schools in the several school districts in 
this state shall be free to all persons residing in the district 
over five and under twenty-one years of age, as hereinafter 
provided. Persons not resident of a district may be ad- 
mitted into the schools kept therein with the approbation, 
in writing, of the trustees thereof, or a majority of them. 

§ 2. There shall hereafter be raised by tax, in each and 
every year, upon the real and personal estate within this 
state, the sum of eight hundred thousand dollars, which 
shall be levied, assessed and collected in the mode pre- 
scribed by chapter thirteen, part first of the Revised Sta- 
tutes, relating to the assessment and collection of taxes, 
and when collected shall be paid over to the respective 
county treasurers, subject to the order of the State Supe- 
rintendent of Common Schools. 

§ 3. The State Superintendent of Common Schools shall 
ascertain the portion of said sum of eight hundred thousand 
dollars to be assessed and collected in each of the several 
counties of this state, by dividing the said sum among the 
several counties, according to the valuation of real and 
personal estate therein, as it shall appear by the assessment 
of the year next preceding the one in which said sum is to 
be raised, and shall certify to the clerk of each county, be- 
fore the tenth day of July in each year, the amount to be 
raised by tax in such county ; and it shall be the duty of 
the several county clerks of this state to deliver to the 
board of supervisors of their respective counties, a copy o 



THE PUBLIC SCHOOLS. 13 

such certificate on the first day of their annual session, and 
the board of supervisors of each county shall assess such 
amount upon the real and personal estate of such county, in 
the manner provided by law for the assessment and collec- 
tion of taxes, 

§ 4. The State Superintendent of Common Schools shall, 
on or before the first day of January in every year, appor- 
tion and divide, or cause to be apportioned and divided, 
one-third of the sum so raised by general tax, and one-third 
of all other moneys appropriated to the support of common 
schools, among the several school districts, parts of dis- 
tricts, and separate neighborhoods in this state, from which 
reports shall have been received in accordance with law, 
in the following manner, viz : to each separate neighbor- 
hood belonging to a school district in some adjoining state 
there shall be apportioned and paid a sum of money equal 
to thirty-three cents for each child in such neighborhood 
(between the ages of four and twenty-one) ; but the sum so 
to be apportioned and paid to any such neighborhood, 
shall in no case exceed the sum of twenty-four dollars, 
and the remainder of such one-third shall be apportioned 
and divided equally among the several districts ; and the 
State Superintendent of Common Schools shall, by proper 
regulations and instructions to be prescribed by him, pro- 
vide for the payment of such moneys to the trustees of such 
separate neighborhoods and school districts. 

§ 5. It shall be the duty of the State Superintendent of 
Common Schools, on or before the first day of January in 
every year, to apportion and divide the remaining two- 
thirds of the said amount of eight hundred thousand dollars, 
together with the remaining two-thirds of all other moneys 
appropriated by the state for the support of common schools 
among the several counties, cities and towns of the state, in 
the mode now prescribed by law for the division and appor- 
tionment of the income of the Common School Fund; and the 
share of the several towns and wards so apportioned and 



14 ACTS RELATING TO 

divided, shall be paid over, on and after the first Tuesday 
of February in each year, to the several town superintend- 
ents of common schools, and ward or city officers entitled 
by law to receive the same, and shall be apportioned by 
them among the several school districts and parts of dis- 
tricts in their several towns and wards, according to the 
number of children between the ages of four and twenty- 
one years, residing in said districts and parts of districts, 
as the same shall have appeared from the last annual 
report of the trustees ; but no moneys shall be apportioned 
and paid to any district or part of a district, unless it shall 
appear from the last annual report of the trustees that a 
school has been kept therein for at least six months during 
the year ending with the date of such report by a duly 
qualified teacher, unless by special permission of the State 
Superintendent of Common Schools ; excepting also, that 
the first apportionment of money under this act shall be 
made to all school districts which were entitled to an 
apportionment of public money in the year eighteen hun- 
dred and forty-nine. 

§ 6. Any balance required to be raised in any school 
district for the payment of teachers' wages, beyond the 
amount apportioned to such district by the previous provi- 
sions of this act, and other public moneys belonging to the 
district applicable to the payment of teachers' wages, shall 
be raised by rate bill, to be made out by the trustees 
against those sending to school, in proportion to the num- 
ber of days and of children sent, to be ascertained by the 
teachers' list, and in making out such rate bill it shall be 
the duty of the trustees to exempt, either wholly or in part, 
as they may deem expedient, such indigent inhabitants as 
may, in their judgment be entitled to such exemption, and 
the amount of such exemption shall be added to the first 
tax list thereafter to be made out by the trustees for district 
.purposes, or shall be separately levied by them, as they 
shall deem most expedient. 



THE PUBLIC SCHOOLS. 15 

.§ 7. The same property which is exempt by section 
twenty-two, of article two, title five, chapter six, part three 
of the Revised Statutes from levy and sale under execution, 
shall be exempt from levy and sale under any warrant to 
collect any rate bill for wages of teachers of common 
schools. 

§ 8. Nothing in this act shall be so construed as to repeal 
or alter the provisions of any special act relating to schools 
in any of the incorporated cities or villages of this state, 
except so far as they are inconsistent with the provisions 
contained in the first, second, third and fourth sections of 
this act. 

§ 9. Chapter one hundred and forty of the Session Laws 
of 1849, entitled " An act establishing free schools through- 
out the state," and chapter four hundred and four of the 
Session Laws of 1849, entitled " An act to amend an act 
entitled ' An act establishing free schools throughout the 
state,' " and sections sixteen, seventeen and eighteen of the 
Revised Statutes relating to common schools, requiring the 
several boards of supervisors to raise by tax, on each of the 
towns of their respective counties, a sum equal to the school 
moneys apportioned to such towns, and providing for its 
collection and payment, and all other provisions of law 
incompatible with the provisions of this act, are hereby 
repealed. 

§ 10. The State Superintendent of Common Schools shall 
cause to be prepared, published and distributed among the 
several school districts and school officers of the state a 
copy of the several acts now in force relating to common 
schools, with such instructions, digest and expositions as he 
may deem expedient; and the expense incurred by him 
therefor shall be audited by the Comptroller and paid by 
the Treasurer. 

§ 1 1. All the moneys received or appropriated by the pro- 
visions of this act shall be applied to the payment of teach- 
ers' wages exclusively. 



16 ACTS RELATING TO 

§ 12. It shall be the duty of the trustees of the several 
school districts in this state to make out and transmit to the 
town superintendent of the town in which their respective 
school-houses shall be located, on or before the first day of 
September next, a correct statement of the whole number 
of children residing in their district on the first day of 
August preceding the date of such report, between the ages 
of four and twenty-one ; and such town superintendent shall 
embody such statement in a tabular form, and transmit the 
same to the county clerk, in sufficient season to enable the 
latter to incorporate the information thus obtained in the 
annual report required by him to be made to the State 
Superintendent of Common Schools for the present year. 

§ 13. It shall also be the duty of the trustees of the 
several school districts, in their annual reports thereafter 
to be made, to specify the number of children between the 
aforesaid ages, residing in their respective districts on the 
last day of December in each year, instead of the number of 
such children between the ages of five and sixteen. 

§ 14. This act shall take effect on the first day of May 
next ; but nothing herein contained shall be so construed as 
to affect provisions already made in the several school 
districts for the support of schools therein under existing 
laws for the current year. 



THE PUBLIC SCHOOLS. 17 



AN ACT 

AUTHORIZING AN ADDITIONAL SUM OP MONEY TO BE RAISED IN 
THE CITY OF ALBANY FOR SCHOOL PURPOSES. 

Passed April 17, 1852, three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

§ 1. It shall be the duty of the Board of Supervisors of 
the County of Albany, to cause such sum of money, not 
exceeding five thousand dollars, in any one year, to be 
added to the amount now required to be raised annually 
by tax in the city of Albany, under the provisions of the 
act entitled "An act to establish free schools throughout 
the state," passed April twelfth, one thousand eight hun- 
dred and fifty-one, as said Board of Supervisors shall, from 
time to time, be requested so to do by a concurrent resolu- 
tion adopted by the several boards of Common Council and 
School Commissioners of said city, by a vote of two-thirds 
of all the members of said boards respectfully. 

§ 2. The money raised, in any year, in pursuance of the 
preceding section of this act, shall be deposited with the 
Chamberlain of the city of Albany, and shall form a part 
of the school moneys for the use of the district schools of 
said city. 



AN ACT 

IN RELATION TO COMMON SCHOOLS IN THE CITY OF ALBANY, 
WEST OF PERRY STREET. 

Passed July IS, 1853, three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

§ 1. The inhabitants of the city of Albany residing west 
of Perry street entitled to vote at general eleptions in said 
3 



18 ACTS RELATING TO 

city are hereby authorized to elect, in the same manner that 
other city officers are required by law to be elected, once in 
every two years, a Superintendent of Common Schools for 
the territory of said city lying west of Perry street, who 
shall be a resident of, and legal voter in said territory, and 
shall hold his office for two years, and possess therein the 
same powers, perform the same duties, and be subject to the 
same restrictions, liabilities, and penalties as are now con- 
ferred and imposed by law upon town superintendents of 
common schools in the towns for which they are elected, 
except as hereinafter provided. 

§ 2. The first election under this act shall be made at the 
next general election, to be held in said city on the first 
Tuesday of November next, and it shall be the duty of the 
inspectors of elections of the several wards in which said 
inhabitants are entitled to vote, to receive at said election, 
and at every subsequent election of such officer, the ballots 
which may be given for an* officer, and deposit the same in 
a ballot box to be provided by the clerk of said city for 
that purpose; and such ballots shall be canvassed, and the 
result ascertained in the same manner as for other officers to 
be elected at such elections. In case of a vacancy in said 
office, such vacancy shall be filled by the Justices of Peace 
of said city, by a warrant under their hands, and the person 
so appointed shall hold for the unexpired term. 

§ 3. The person so elected or appointed shall enter upon 
the duties of his office within ten days after such election 
or appointment, upon his executing a bond with one or 
more sureties to the supervisors of the ninth and tenth 
wards of said city, to be approved by them, with a penalty 
in double the amount of school moneys received by all the 
school districts within said territory during the preceding 
year, which bond shall be filed in the office of the Clerk of 
the County of Albany, and in case of any default by which 
the condition of said bond shall be forfeited, the said super- 

* So in the original. 



THE PUBLIC SCHOOLS. 19 

visors shall sue thereon in their name of office, and the 
money recovered by them shall be paid to said commission- 
ers to be applied by them to the support of the schools 
within said territory. 

§ 4. It shall be the duty of the person so elected or ap- 
pointed, at the same time and in the same manner as is now 
required by law of town superintendents, to make and de- 
liver to the clerk of said commissioners a report in writing 
containing the same information as is required by section 
nineteen of chapter four hundred and eighty of the Laws of 
1847, and the said commissioners shall, as soon thereafter as 
they shall receive the same, pay over to the person so ap- 
pointed the public moneys to which the districts upon said 
territory shall by law be entitled. 

§ 5. All the provisions of law now in force relating to the 
common schools of this state, shall apply to the districts 
now organized within said territory, or which maybe here- 
after organized by said Superintendent of Common Schools, 
so far as they are consistent with the provisions of this act. 

§ 6. This act shall take effect.* 



* So in the original. 



BY-LAWS OF THE BOARD OF EDUCATION. 



1. At the regular monthly meeting next succeeding the 
annual appointment of three members of the Board as pro- 
vided by law, the members of the Board of Education shall 
proceed to elect, by ballot, a President and Secretary for the 
ensuing year. 

2. The President shall then appoint three Sub-Committees, 
of three members each ; said Sub-Committees shall be desig- 
nated, first, second and third, and each of said Committees 
shall have the special charge of the schools assigned them 
for the ensuing year. 

3. The Board shall hold regular monthly meetings on the 
first Tuesday of each month, at such hour as shall be ap- 
pointed from time to time. 

4. The Board shall hold its legal quarterly meeting on 
the last Friday preceding the close of each school quarter, 
at which time the principal teachers of said schools shall be 
present, to make such reports to, and to receive such direc- 
tions from the Board as they may deem expedient and ne- 
cessary. 

5. At the last regular monthly meeting, previous to the 
annual appointment of members of the Board, a Committee 
shall be appointed to examine the books, accounts, and official 
doings of the Secretary of the Board, during the preceding 
year ; who shall report on the same to the Board, at some 
time previous to the next regular monthly meeting. 



22 BY-LAWS OP THE 

6. The President of the Board shall, on the written re- 
quest of any three members, call a meeting at any time ; 
but notice of said meeting shall be served on every member 
qf the Board. 

7. A majority of the whole number of members of the 
Board shall constitute a quorum. 

8. Any three members, by rising, may require the ayes 
and noes to be taken and recorded on any question. 

9. All reports shall be in writing, and signed by the Com- 
mittee reporting ; and all resolutions and motions shall be 
reduced to writing before being acted upon by the Board. 

ORDER OP BUSINESS. 

10. At the hour appointed for the meeting of the Board, 
the President, or in his absence the Chairman, shall call the 
meeting to order, and direct the Secretary to call the mem- 
bers, and if a quorum be present, the Board shall proceed to 
business. 

11. The minutes of the preceding meeting shall be read 
and approved. The reports of special committees shall be 
first in order ; then reports of standing committees ; unfi- 
nished business ; resolutions and motions ; and should any 
difficulty occur not provided for in these rules, the Board 
shall be governed in their adjustment by the rules of the 
Common Council of the city of Albany. 

OF THE PRESIDENT. 

12. It shall be the duty of the President to enforce such 
rules as are necessary to the deliberate action of the Board, 
and he shall enjoy and exercise all the powers usually inci- 
dent to such office. In his absence a chairman shall be ap- 
pointed to fill the place and discharge the duties of the 
chair. 

13. The President shall, unless otherwise decided by a 
majority of the Board, appoint all committees ; he shall 
also be the organ of all communications between the Com- 



BOARD OP EDUCATION. 23 

mon Council and the Board, under the provisions of the 
law. 

OP THE SECRETARY. 

14. It shall be the duty of the Secretary to keep a true 
record of the doings of the Board ; to give a written notice 
of its meetings, when requested so to do ; to preserve files 
of communications and documents belonging to the Board ; 
to open a separate account with each District School, in 
which all the orders, doings and regulations of the Board 
relating to said school shall be entered ; and generally, to 
perform all the appropriate duties of the office. 

15. It shall further be the duty of the Secretary to pro- 
vide for all the contingent wants of the several districts, 
unless a special order is taken on the subject by the Board; 
and whenever any purchases are so made, the Secretary shall, 
if required, report the same at the next subsequent meeting 
of the Board. 

16. The Secretary shall visit the several District Schools 
of the city, at least once every quarter ; he shall meet the 
teachers as often as once a quarter, in order to aid them by 
suggestions in the improvement of the several schools, and 
to give them such directions, under the instructions of the 
Board, as may be necessary to carry into effect and to attain 
the object of its regulations ; he shall also alone, or in con- 
junction with a committee of this Board, examine the seve- 
ral teachers who may be applicants for places in the schools, 
and report on their qualifications ; and shall also examine 
annually, all the principal Teachers of the several schools, 
in presence of the Board, at one of its regular meetings or 
one called for the purpose, unless otherwise directed by the 
Board. 

17. The Secretary shall make a report at the quarterly 
meeting, of the attendance, organization, discipline and 
condition of the several schools ; he shall prepare and sub- 
mit to the Board their annual and semi-annual reports to the 



24 BY-LAWS OF THE 

Common Council, which shall be accompanied by such re- 
ports from the several teachers as the Board may require. 

18. The Secretary shall at all times render such assist- 
ance to the Sub-Committees as shall be required of him; he 
shall pay particular attention to the classification of the 
several schools, and to the apportionment among the class- 
es of the prescribed studies ; he shall supply exempt child- 
ren with such books as may be necessary, under the general 
instructions of the Board ; he shall furnish the necessary 
blanks and registers to the Sub-Committees and Teachers ; 
and generally, he shall act under the direction and advice 
of the Board, and under their advice and direction, he shall 
perform all such duties as the Board from time to time may 
direct. 

OF THE SUB-COMMITTEES. 

19. It shall be the duty of the Sub-Committees to visit 
their particular schools at least once a month, without 
giving any previous notice to the teacher, for the purpose 
of making a careful examination of their condition and pro- 
gress, of the attendance, discipline, habits and improvement 
of the pupils. And the said Sub-Committees shall, in a 
body, visit each of their schools at least once a quarter; and 
every Commissioner shall visit every school of the city at 
least once semi-annually. 

20. It shall also be their duty to give advice to the Teach- 
ers on any emergency, and to take cognizance of any diffi- 
culty that may have occurred between the Teachers and 
parents, and to act, if the exigency demands immediate 
action ; but in all such cases the Sub-Committee shall report 
its doings in writing at the next meeting of the Board. 

21. The several members of the Sub-Committee shall, in 
conjunction with the Secretary, attend the stated examina- 
tions of the schools ; aud the other members of the Board 
shall be notified of said examinations, that they also may 
attend ; and the Secretary shall enter an account of said 
examinations in the presence of the Board. 



BOARD OF EDUCATION. 25 

GENERAL REGULATIONS APPLICABLE TO ALL THE SCHOOLS. 

24. The school year shall commence on the first day of 
May and be divided into four quarters of twelve weeks each. 
The vacations shall be from the first day of May, inclusive, 
one week, and twelve weeks thereafter, three weeks. 

25. The hours for keeping school shall be, in the forenoon 
from 9 until 12 M., during the year ; from half-past 1 until 
half-past 4 p. m., between the first Monday in March and 
the first Monday in November ; and from 1 until 4 p. m., be- 
tween the first Monday in November and the first Monday 
in March ; which hours, both as to opening and closing, 
shall be punctually observed by the several instructors. 

26. There shall be a recess for all the pupils not exceeding 
fifteen minutes in each half day; except in the Primary 
Department, in which there may be two recesses in each 
half day, not exceeding ten minutes each, at the discretion 
of the Teacher. No pupil shall leave the school room with- 
out permission from a Teacher. 

TEACHERS, AND THEIR DUTIES. 

27. The District Schools being established for the gene- 
ral benefit of the community, all pupils that may be re- 
ceived therein shall be instructed without preference or 
partiality, and with strict attention to their morals and de- 
portment, as well as to their improvement in learning. 

28. The Teachers shall hold their offices by an annual 
choice, which shall be made so as to take effect on the first 
day of May, on which day the school year shall be consi- 
dered as beginning. 

29. At the regular monthly meeting of the Board in 
April in each year, a vote shall be taken by ballot, upon a 
question which shall be separately proposed in reference 
to each of the Male Principals, in the following form, viz : 
" Have the duties of the office been performed during the 
year in a manner satisfactory, that the Board are prepared 

4 



26 BY-LAWS OF THE 

to re-employ the incumbent ?" The result of the vote in 
each case shall be recorded by the Secretary, for the in- 
formation and further action of the Board. 

30. The several Teachers, whether Principals or Assist- 
ants, shall hold their offices during the pleasure of the 
Board ; it being understood that no resignation shall take 
effect without one month's notice to the President, unless 
by the special permission of the Board. 

31. Whenever a vacancy shall occur in the office of Prin- 
cipal in any of the schools, it shall be the duty of the Se- 
cretary, under the direction of the Sub-Committee, to cause 
an advertisement to be inserted in one or more of the news- 
papers printed in Albany, stating the salary established by 
the Regulations, and requesting all persons desirous of 
being considered candidates, to present applications in 
writing, together with testimonials of their qualifications, 
within one month next succeeding the date of the adver- 
tisement, at which time the Secretary shall make a careful 
examination of such applications and testimonials, and shall 
prepare an abstract thereof to be laid before the Board. 
The Secretary shall also make such further inquiries as the 
Board may deem to be necessary, with a view to ascertain 
the relative merits of the different candidates, and the re- 
sult of such inquiries snarl be reported to the Board. The 
Board, after receiving the report of the Secretary, shall 
take such order in the premises as they see fit. 

32. Whenever a vacancy shall occur in the office of an 
assistant in any of the schools, it shall be the duty of the 
Sub-Committee having the oversight of the school, in con- 
currence with the Principal, to nominate to the Board such 
candidate or candidates, as after proper inquiry and a regu- 
lar examination, they shall in concurrence adjudge to be 
suitably qualified for appointment. In every case in which 
but one candidate is nominated, the Board shall proceed to 
vote upon confirming the nomination. If the nomination 
shall be confirmed by a vote of the Board, the appointment 



B0AKD OF EDUCATION. 27 

shall be considered as made ; but if the nomination be not 
confirmed, another nomination shall be made and acted 
upon in like manner. If more than one candidate shall be 
nominated, the Board shall proceed to make a selection by 
ballot, and the candidate receiving a majority of votes shall 
be appointed. 

33. In all the schools in which Assistants are associated 
with a Principal, the Principal shall be recognized as the 
head of the school ; and all his directions, which do not 
conflict with the regulations, shall be obeyed by the Assist- 
ants. 

34. In case of the indisposition of a Teacher, notice there- 
of shall be given to the Secretary ; and no substitute shall 
be employed without the approbation of the Sub-Commit- 
tee. 

35. The Teachers shall not permit the school-rooms under 
their charge to be used for any purpose whatsoever, other 
than the instruction prescribed in these Regulations. 

36. The several Teachers shall be required to be in at- 
tendance at least ten minutes before the hour appointed for 
opening the schools ; and one or more of the Teachers shall 
remain half an hour after closing the school, whenever it 
shall become necessary for the infliction of the penalties of 
tardiness and absence. 

37. The Teachers of the several schools shall devote 
themselves exclusively to the duties of their office. They 
shall daily and punctually attend at the hours appointed for 
the opening of the schools ; and during school hours shall 
faithfully devote themselves to the duties assigned to them. 
They are enjoined carefully to maintain good order and dis- 
cipline, and to follow the course of instruction prescribed by 
the Board, permitting no books to be used in the schools 
but such as the Board shall designate. No Teacher shall 
keep a private school, or instruct a private class. 

38. The Teachers shall carefully preserve neatness in the 
school-houses, by having them properly swept and cleansed ; 



28 BY-LAWS OF THE 

and they shall also give vigilant attention to the ventilation 
and temperature of the same, causing the rooms that have 
been occupied to be opened and aired each morning and 
afternoon at the end of school hours ; and the Secretary and 
Committees, on all their visitations, shall inquire whether 
this regulation has been obeyed, and shall report the same. 
For the regulation of the temperature, a thermometer will 
be furnished to each school-room. 

39. The Teachers shall take care that the school-houses, 
the apparatus in the same, the text-books, libraries, and all 
the public property entrusted to their charge, be not de- 
faced or otherwise injured by the scholars ; and it shall be 
the duty of the Teachers to give prompt notice to the Se- 
cretary of any repairs or supplies that may be needed. 

40. It shall be the duty of the Teachers, as far as practic- 
able, to exercise a general inspection over their pupils, as 
well out of school as within the same, during school hours ; 
and in cases of difficulty in the discharge of their duties, to 
apply to the Sub-Committee for advice and direction. 

41. It shall be enjoined on the Teachers to exercise vigil- 
ant, prudent, and firm discipline, and to govern by persua- 
sion and gentle measures, as far as practicable, and no per- 
sonal chastisement shall be inflicted but by the principal 
Teacher. 

42. For violent opposition, or gross misbehavior, a pre- 
siding teacher may exclude a pupil from school for the time ; 
and in all cases of exclusion shall forthwith give informa- 
tion in writing of the cause thereof to the parent or guard- 
ian, and to the Sub-Committee. 

43. The Principals of the schools shall each keep a regis- 
ter, in which shall be recorded the names, ages, dates of 
entrance and places of residence of the scholars. All ab- 
sences shall be marked on the roll in the morning and after- 
noon of each day. Such notes shall also be made as shall 
exhibit a view of the behavior of the scholars, and the pro- 
gress made in their studies. An account of the same shall 



BOARD OF EDUCATION. 29 

be transmitted to the parent or guardian of each scholar at 
least once a month, with a request that it be returned with 
the name of the parent or guardian written upon it, in ac- 
knowledgment of its receipt. The register shall be at all 
times open to the inspection of the members of the Board. 

44. The Principals of the several schools shall make a re- 
port in writing to the Board, one week before the close of 
each quarter, stating the number of pupils then actually at- 
tending, and the average attendance during the quarter, 
and the actual attendance of each pupil ; and containing 
such other information as may be necessary to set forth the 
general condition of their schools, together with any sug- 
gestions which they may have to offer for the improvement 
of the same. 

45. Assistants shall be required to keep Class Books, in a 
form to be approved by the Board, in which they shall note 
the merits and demerits of scholars in their recitations, and 
shall also insert such general or particular remarks, as will 
enable the principal to be fully acquainted with the condi- 
tion of every class. 

46. It shall be the duty of the presiding Teachers to re- 
port in writing to the Board, from time to time, and also to 
the Visiting Committee, at each quarterly examination, the 
names of such pupils as have been distinguished during the 
quarter for good conduct and proficiency in their studies, 
and also the names of those who have been grossly negli- 
gent in attending school, or in attendance to their studies, 
or guilty of any violations of these Regulations, or of other 
willful offences. 

47. The Teachers may occasionally, under the direction 
of the Sub-Committee, visit each other's schools, to observe 
the discipline and instruction of the same. 



30 BY-LAWS OF THE 

PUPILS, AND THEIR DUTIES. 

48. The good morals of the pupils being of the first im- 
portance, and essential to their progress in useful know- 
ledge, they are strictly enjoined to avoid idleness and pro- 
fanity, falsehood and deceit, and every wicked and disgrace- 
ful practice, and to conduct themselves in a sober, orderly 
and decent manner, both in and out of school, and to be 
punctual and constant in daily attendance. 

49. Scholars to be admitted to either of the schools must 
furnish evidence that they have had the kine pox, or are 
otherwise protected from small pox. 

50. Any scholar who shall be guilty of defacing or in any 
way injuring or damaging the school-houses, or school fur- 
niture, or the out-houses or fences, shall be subject to such 
penalty as the Sub-Committee, to whom every such case 
shall be forthwith reported, may adjudge proper and neces- 
sary. 

51. The pupils in the several schools shall be put into 
separate classes, according to their attainments ; and shall 
be taught such portions of the prescribed studies, as, in the 
judgment of the presiding teachers, under the advice of the 
Secretary, it may be suitable for each class to pursue. 

52. No scholar under censure in one public school shall 
be admitted to any other ; and no pupil shall go from one 
District School to another, during a quarter, without the 
consent of the Sub-Committee. 

53. For the purpose of enforcing punctual attendance, 
the following rules are adopted : 

1. That the names of all scholars absent more than a half 
day during the week, be reported in writing to one of the 
Committee of the school in which the absence occurs, on 
Saturday of each week. 

2. That the Teacher be required, when a scholar has been 
repeatedly absent or excused from school before its close, 



BOAED OP EDUCATION. 31 

without reasons satisfactory to the Teacher, to address a 
note to the parent or guardian of such scholar. 

3. That the Teacher be authorized at his discretion to 
send all absentees or tardy scholars to the Sub-Committee 
of his school, who shall at their discretion visit the parent 
or guardian of such scholars. 

4. That all lessons omitted by absence shall be made up, 
unless in the judgment of the Teacher, there are sufficient 
reasons to the contrary. 

5. That as an encouragement to punctual attendance, 
each Teacher be authorized to dismiss all scholars at the re- 
cess on the afternoon of Wednesday, who have not been ab- 
sent during the previous week. 

54. Needle-work is permitted in the Female schools one- 
half day in each week. 

55. No subscription paper for any purpose whatsoever 
shall be introduced into any school ; nor shall any contri- 
bution be permitted to be made in the same by the pupils. 

56. The following holidays shall be granted alike to all 
the schools, viz : Every Saturday, Thanksgiving by public 
proclamation, and the day following, Christmas day, New 
Year's day, and the day of the celebration of American In- 
dependence. But on no other days shall a school be dis- 
missed without permission from the Board, except in cases 
of emergency, when the Sub-Committee shall have power to 
dismiss a school. 



32 BY-LAWS. 



In Common Council, Jan. 11, 1858. 

Resolved, That the By-Laws of the Board of Education 
submitted for the approval of the Common Council be, and 
the same are hereby approved. 

MARTIN DELEHANTY, 
Clerk of Common Council. 



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